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Laugwaro v Auga [2003] SBHC 102; HC-CC 042 of 2002 (9 May 2003)

IN THE HIGH COURT OF SOLOMON ISLANDS

Case Number HC-CC 042 of 2002

IN THE MATTER OF THE MAGISTRATES COURT ACT
(Section 43)

AND IN THE MATTER OF

TIMOTHY LAUGWARO
Plaintiff

-and-

DAVID AUGA
Defendant

Case stated for the consideration of the High Court

1. The Plaintiff Timothy Laugwaro by Writ of Summons dated 16^th October 2002 claimed against the Defendant David Auga the sum of $6,000.00.
   
2. The Statement of claim was expressed thus:-
   

The Plaintiff has claimed from the Defendant the sum of $6,070.00 as a payment of his claim under lost property. However, the Plaintiff was supposed to get the amount of $24,000.00 as part payment of claim, but the Defendant only paid him the sum of $18,000.00 and converted the $6,000.00 for his own benefit.

Therefore, the Plaintiff claim the amount of $6,000.00 to be repaid forthwith plus cost.

3. The undisputed evidence from the Plaintiff was that he had lived at Tesikoro on Guadalcanal for some 10 years. He left his land in 1999 and moved to Honiara and then to Malaita. This he did as a result of the “ethnic tension”. He submitted a “lost property claim” to the Solomon Islands Government for $180,000.00. This claim related to loss and damage suffered by the Plaintiff at the hands of persons unknown who were engaged in illegal activity. The Plaintiff then received a payment of $18,000.00. The exact date of this payment is unclear from the evidence.
   
4. The Defendant’s evidence was that he was “appointed” Chairman of a committee to deal with “lost property payments”. The appointment was by the then Minister of National Unity and Reconciliation. There were a number of committees and they were organized on a constituency basis. Although it was not stated as such, it is understood that this meant parliamentary constituencies. The Defendant was Chairman of the West Fataleka committee. The Defendant agrees that the Plaintiff was paid a sum of $18,000.00.
   
5. The Defendant also stated in evidence that the instructions to the committee, through the office of the Minister of national Unity and Reconciliation, were to “administer the payments”.
   
6. The Defendant stated in evidence that none of the committee members were paid any salaries or sitting allowances. The committee members therefore decided that they should all take “full payment of their claims”. In order to meet these payments the Defendant stated that the payments for some non-committee members were reduced. Two lists were produced in Court and were designated Exhibits 1 and 2. Exhibit 1 shows a list of payments which was stated to have been authorised by Cabinet and Exhibit 2 shows a list of actual payments made by the committee.
   

In the premis the questions to be answered by this Honourable Court are:-

1. Is it lawful for the Solomon Island Government to indemnify individuals for losses suffered at the hands of persons acting in the pursuit of illegal activities to which the Solomon Island Government is not party, that is to make “lost property payments”; and
   
2. If it is lawful for the Solomon Island Government to so indemnify such losses, is it lawful for the Solomon Island Government to delegate it’s authority to others to administer payments in respect of such indemnities, that is to such bodies as the West Fataleka Committee; and
   
3. 
   
4. If it is lawful for the Solomon Island Government to so delegate it’s authority, to what extent, if any, are those holding such delegated authority entitled to change or vary the actual amounts paid from the amounts agreed to be paid by Solomon Island Government, that is make payments as set out in Exhibit 2 as opposed to those payments set out in Exhibit 1.
   

Dated 9^th May 2003

R D Chetwynd
Chief Magistrate (Ag)